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1. This Ordinance may be cited as the Cattle Trespass Ordinance.
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Interpretation.
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2. In this Ordinance, unless the context otherwise requires-
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” aerodrome” means any definite and limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft;
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” animal” means, except when it is otherwise expressed, cattle, sheep, goats, and swine ;
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” cattle” means bulls, cows, oxen, heifers, calves, and buffaloes ;
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” duly authorized person” means any person specially or generally authorized to act under the provisions of this Ordinance by the Government Agent for the administrative district wherein such person resides ;
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” irrigation works” means tanks, bunds, anicuts, sluices, channels, and other works used for irrigation purposes ;
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” saltern ” means any salt pan or salt lewaya and includes any area for the time being declared under the Salt Ordinance to be a protected area for the purposes of that Ordinance.
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Power to
exempt provinces, &c, from operation of certain sections of Ordinance.
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3.
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1) Sections 4a, 5a, 6a, 7a, 9a, 10a, 12a, 13a, and 14a, shall have no force or effect in any province, administrative district, or other area in Ceylon in respect of which an Order under subsection (2) is not in force.
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(2) The Minister[1] may, by Order published in the Gazette, exempt any province, administrative district, or other area in Ceylon from the operation of sections 4, 5, 6, 7, 9, 10, 12, 13 and 14 and may from time to time revoke or vary any such Order.
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(3) Where any Order has been made under the preceding subsection, sections 4a, 5a, 6a, 7a, 9a, 10a, 12a, 13a and 14a shall, so long as such Order remains in force, have effect in the province, administrative district, or other area to which the Order relates.
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Animals trespassing on lands may be seized.
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4. It shall be lawful for any proprietor or occupier (or any other person by his direction) of any land to seize any animals found trespassing therein or thereupon and to tie up and detain them until the damages, if any, occasioned by such trespass, assessed in manner hereinafter mentioned, and the fair expense of the keep of such animals during their lawful detention, shall be paid or recovered as hereinafter mentioned.
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Animals trespassing on fenced or cultivated lands may be seized.
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4A. It shall be lawful for any proprietor or occupier (or any other person by his direction) of any land, which shall be fenced in such manner as the local custom may prescribe, and of any land under cultivation, whether fenced or not, if by local custom no fence is prescribed, to seize any animals found trespassing therein or thereupon and to tie up and detain them until the damages, if any, occasioned by such trespass, assessed in manner hereinafter mentioned, and the fair expense of the keep of such animals during their lawful detention shall be paid or recovered as hereinafter mentioned.
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Animals found trespassing on irrigation works or aerodrome or saltern or line of railway or land appertaining thereto may be seized or pursued off the works, &c., and seized.
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5. It shall be lawful for any duly authorized person to seize any animate found trespassing in or upon any irrigation works or aerodrome or saltern or line of railway or land appertaining thereto, and, if unable to seize them while so trespassing, to pursue and seize them elsewhere and to tie them up and detain them, until the damages, if any, occasioned by such trespass, assessed in manner hereinafter mentioned, and the fair expense of the keep of such animals during their lawful detention, shall be paid or recovered as hereinafter mentioned.
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Animals found trespassing on irrigation works or aerodrome or saltern may be seized or pursued off the works, &c, and seized.
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5A. It shall be lawful for any duly authorized person to seize any animals found trespassing in or upon any irrigation works or aerodrome or saltern and, if unable to seize them while so trespassing, to pursue and seize them elsewhere and to tie them up and detain them, until the damages, if any, occasioned by such trespass, assessed in manner hereinafter mentioned, and the fair expense of the keep of such animals during their lawful detention shall be paid or recovered as hereinafter mentioned.
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Liability of owner of stray animals for damages, and penalty.
[ 3, 12 of 1941.]
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[ [ 2, 24 of 1949.]
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6. The owner or person in charge of any animals trespassing as aforesaid shall, in the case of such private lands as aforesaid, be liable to pay to the proprietor or occupier thereof, and in the case of such irrigation works or aerodrome or saltern or line of railway or land appertaining thereto as aforesaid, be liable to pay to the Government Agent of the administrative district within which such work, aerodrome, saltern, line of railway or land appertaining thereto is situated, the full amount of the damages, if any, occasioned by such trespass, assessed in manner hereinafter mentioned ; and he shall be further liable to pay the fair expense of the keep of the animals to the person by whom such animals are detained.
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Liability of owner of stray animals for damages and penalty.
[ 3, 12 of 1941.]
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[ [ 2, 24 of 1949.]
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6A. The owner or person in charge of any animals trespassing as aforesaid shall, in the case of such private lands as aforesaid, be liable to pay to the proprietor or occupier thereof, and, in the case of such irrigation works or aerodrome or saltern as aforesaid, be liable to pay to the Government Agent of the administrative district, within which such work, aerodrome, saltern, line of railway or land appertaining thereto is situated, the full amount of the damages, if any, occasioned by such trespass, assessed in manner hereinafter mentioned ; and he shall be further liable to pay the fair expense of the keep of the animals to the person by whom such animals are detained.
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7.
Animals trespassing on fenced or cultivated lards may be seized.
[ 4, 12 of 1941.]
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[ [ 4, 12 of 1941.]
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[
[ 3, 24 of 1949.]
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(1) Notice of the seizure of such animals shall, with as little delay, as possible, be given to some police constable or local headman having jurisdiction in the district, or to some irrigation headman elected or appointed under the Irrigation Ordinance, for the irrigation district or the area thereof within which the trespass occurred, who shall, as soon as may be, inspect the spot where the damage has been done, and the animals which have been seized, and with the assistance of three or more respectable persons of the neighbourhood, if their attendance can be procured (otherwise, without such assistance), endeavour to ascertain to whom the animals belong, and assess the amount of damages sustained by such trespass, and shall forthwith, in the case of trespass upon private lands, furnish the proprietor or occupier thereof or some other person in his behalf, and in the case of any irrigation works or aerodrome or saltern or line of railway or land appertaining thereto, furnish some duly authorized person or some other person on his behalf, with a report of the particulars of the trespass, the amount of such assessment, and the names of the owners of the animals, if such have been ascertained, and also the names of the persons by whom such assessment shall have been made. The police constable or headman shall, unless the amount of the assessment be immediately paid, take charge of the animals so seized, and if the owner or person entitled to the charge thereof at the time of the trespass shall not, within forty-eight hours from the time of the police constable or headman so taking charge, tender the amount of damages so assessed as aforesaid and the fair and reasonable cost of keeping the said animals during detention, the proprietor or occupier of the land so trespassed upon or some other person in his behalf, or, in the case of trespass upon any irrigation works or aerodrome or saltern or line of railway or land appertaining thereto, some duly authorized person, shall produce before the Magistrate’s Court or Rural Court, if any, having jurisdiction in the district, the aforesaid report, which, if verified by the oath or affirmation of such constable or headman in open court, shall be received in evidence; and the said Magistrate’s Court or Rural Court after causing such notice to be served upon or left at the last known place of abode of the owner of the animals when such owner has been ascertained, as such Magistrate’s Court or Rural Court shall deem reasonable, or, if such owner has not after reasonable inquiry been ascertained, then without any notice, summarily inquire into the case and, after hearing such evidence as to the Magistrate’s Court or Rural Court may seem expedient, shall award such damages as shall have been proved to have been sustained, together with the fair and reasonable costs and charges for keep during the detention, and the said damages and costs and charges, unless within twenty-four hours paid, shall be levied by sale of the animals so seized, and, if necessary, by distress on the other property of the person liable to pay the same as aforesaid, and shall be paid to the person or persons entitled thereto.
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(2) In any case where any animal is detained by any police constable or headman under subsection (1) the owner or other person entitled to the custody of that animal at the time of the trespass may, at any time before the date on which an inquiry into the case is held under that subsection by a Magistrate’s Court or Rural Court and pending the final determination of the case, deposit with, such constable or headman the amount of the damages sustained by such trespass as assessed by such constable or headman and of the costs and charges for keeping the animal during the period of such detention ; and upon such amount being deposited, the constable or headman shall deliver the animal into the custody of the owner or other person making such deposit.
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The amount so deposited shall be applied in payment of the damages, charges and penalty, if any, which may be awarded by the Magistrate’s Court or Rural Court under subsection (1) ; and where no such award is made or where any balance remains after the payment of such damages and of the costs and charges, the amount so deposited or such balance, as the case may be, shall be refunded to the owner or other person by whom such amount was deposited.
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(3) In any case where any animal is detained by any
police constable or headman under subsection (1), and-
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(a) the report of such constable or headman is not produced before the Magistrate’s Court or Rural Court in accordance with the provisions of that subsection by the proprietor or occupier of the land trespassed upon or some other person on his behalf ; or
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(b) such proprietor, occupier or other person fails to appear without reasonable cause before the Magistrate’s Court or Rural Court on any date fixed for the inquiry into the case ; or
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(c) the Magistrate’s Court or Rural Court after inquiry refuses to award damages in respect of the trespass,
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the Magistrate’s Court or Rural Court may, upon application made in that behalf by the constable or headman, order that the person by whom notice of the seizure of such animal was given under subsection (1), shall pay to the constable or headman the fair and reasonable costs and charges for keeping the animal during the period of the detention ; and any sum so ordered to be paid shall be recovered from that person in the same manner as a fine imposed by the Magistrate’s Court or Rural Court.
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7A
[ 4, 12 of 1941]
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[ [ 4, 12 of 1941.]
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[ [ 3, 24 of 1949.]
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(1) Notice of the seizure of such animals shall, with as little delay as possible, be given to some police constable or local headman having jurisdiction in the district, who shall, as soon as may be, inspect the spot, where the damage has been done, and the animals, which have been seized, and with the assistance of three or more respectable persons of the neighbourhood, if their attendance can be procured (otherwise, without such assistance), endeavour to ascertain to whom the animals belong and assess the amount of damages sustained by such trespass, and shall forthwith, in the case of trespass upon private lands, furnish the proprietor or occupier thereof or some other person in his behalf and, in the case of any irrigation works or aerodrome or saltern, furnish some duly authorized person or some other person on his behalf with a report of the particulars of the trespass, the amount of such assessment and the names of the owners of the animals, if such have been ascertained, and also the names of the persons by whom such assessment shall have been made. The police constable or headman shall, unless the amount of the assessment be immediately paid, take charge of the animals so seized, and, if the owner or person entitled to the charge thereof at the time of the trespass shall not, within forty-eight hours from the time of the police constable or headman so taking charge, tender the amount of damages so assessed as aforesaid and the fair and reasonable cost of keeping the said animals during detention, the proprietor or occupier of the land so trespassed upon or, in the case of trespass upon any irrigation works or aerodrome or saltern, some duly authorized person shall produce before the Magistrate’s Court or Rural Court, if any, having jurisdiction in the district the aforesaid report, which, if verified by the oath or affirmation of such constable or headman in open court, shall be received in evidence ; and the said Magistrate’s Court or Rural Court, after causing such notice to be served upon or left at the last known place of abode of the owner of the animals, when such owner has been ascertained, as such Magistrate’s Court or Rural Court shall deem reasonable, or, if such owner has not after reasonable inquiry been ascertained, then without any notice, summarily inquire into the case and, after hearing such evidence as to the Magistrate’s Court or Rural Court may seem expedient, shall award such damages as shall have been proved to have been sustained, together with the fair and reasonable costs
and charges for keep during the detention, and the said damages and costs and charges, unless within twenty-four hours paid, shall be levied by sale of the animal so seized and, if necessary, by distress on the other property of the person liable to pay the same as aforesaid and shall be paid to the person or persons entitled thereto.
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(2) In any case where any animal is detained by any police constable or headman under subsection (1), the owner or other person entitled to the custody of that animal at the time of the trespass may, at any time before the date on which an inquiry into the case is held under that subsection by a Magistrate’s Court or Rural Court and pending the final determination of the case, deposit with such constable or headman the amount of the damages sustained by such trespass as assessed by such constable or headman and of the costs and charges for keeping the animal during the period of such detention; and upon such amount being deposited, the constable or headman shall deliver the animal into the custody of the owner or other person making such deposit.
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The amount so deposited shall be applied in payment of the damages, charges and penalty, if any, which may be awarded by the Magistrate’s Court or Rural Court under subsection (1) ; and where no such award is made or where any balance remains after the payment of such damages and of the costs and charges, the amount so deposited or such balance, as the case may be, shall be refunded to the owner or other person by whom such amount was deposited.
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(3) In any case where any animal is detained by any police constable or headman under subsection (1).
and-
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(a) the report of such constable or headman is not produced before the Magistrate’s Court or Rural Court in accordance with the provisions of that subsection by the proprietor or occupier of the land trespassed upon or some other person on his behalf ; or
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(b) such proprietor, occupier or other person fails to appear without reasonable cause before the Magistrate’s Court or Rural Court on any date fixed for the inquiry into the case ; or
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(c) the Magistrate’s Court or Rural Court after inquiry refuses to award damages in respect of the trespass,
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the Magistrate’s Court or Rural Court may, upon application made in that behalf by the constable or headman, order that the person by whom notice of the seizure of such animal was given under subsection (1), shall pay to the constable or headman the fair and reasonable costs and charges for keeping the animal during the period of the detention ; and any sum so ordered to be paid shall be ‘recovered from that person in the same manner as a fine imposed by the Magistrate’s Court or Rural Court.
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Penalty for offence of permitting animals to trespass.
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8.
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(1) In every case where trespass by any animal is committed as herein before mentioned, the owner or person in charge of the animal shall, whether or not the proceedings prescribed by section 7 or section 7a have been commenced in respect of such trespass, be liable to be prosecuted in a Magistrate’s Court or a Rural Court for the offence of permitting the animal to commit trespass, and on conviction thereof, be liable to such punishment, either by way of fine or imprisonment, as the court has jurisdiction to award.
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Where in any such case, damage is proved to have been sustained in consequence of trespass by any animal, and the court is satisfied that the proceedings prescribed by section 7 or section 7a have not been commenced, the court may, upon application made in that behalf by the person entitled under section 6 or section 6a to payment of the amount of the damages arising by reason of such trespass, impose in addition to any other punishment a fine equal to the aggregate of-
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(a) the amount which in the opinion of the court should be awarded as damages in respect of such trespass ; and
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(b) the fair and reasonable cost of keeping the animal during detention,
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and may cause such sum, when recovered, to be paid to the person entitled as aforesaid.
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(2) No proceedings under section 7 or section 7a in respect of any trespass by any animal shall be instituted in or entertained by any court in any case where a prosecution for such trespass has been previously instituted under subsection (1) of this section :
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Provided that the institution of such prosecution shall not prejudice the maintenance or continuation of any proceedings previously instituted under section 7 or section 7a.
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Liability of
owners of stray animals which are not seized.
[ 3, 12 of 1941.]
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[[ 5, 24 of 1949.]
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9. When, in the case of trespass on any private land, the proprietor or occupier thereof or other person acting in his behalf, and when, in the case of any trespass on any irrigation works or aerodrome or saltern or line of railway or land appertaining thereto, the person in charge thereof or other duly authorized person is unable to seize and secure animals trespassing as aforesaid, but can prove the trespass, and whose or in whose charge the said animals were at the time of such trespass, the owners or persons in charge thereof shall be liable, notice being given of the trespass in the manner directed in section 7 of this Ordinance, to the same damages, costs and charges as in the case of seizure, and the course of proceeding in respect thereof shall be similar, as far as the circumstances admit, to that prescribed by section 7.
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Liability of owners of stray animals which are not seized.
[ 3, 12 of 1941.]
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[ [ 5, 24 of 1949.]
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9A. When, in the case of trespass on any private land, the proprietor or occupier or other person acting in his behalf, and when in the case of any trespass on any irrigation works or aerodrome or saltern, the person in charge thereof or other duly authorized person is unable to seize and secure animals trespassing as aforesaid, but can prove the trespass and whose or in whose charge the said animals were at the time of such trespass, the owners or persons in charge thereof shall be liable, notice being given of the trespass in the manner directed in section 7a of this Ordinance, to the same damages, costs and charges as in the case of seizure, and the course of proceeding in respect thereof shall be similar, as far as the circumstances admit, to that prescribed by section 7a.
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All rights under Ordinance
forfeited, unless due notice is given to headman.
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10. All right to the benefit of any of the provisions of this Ordinance shall be forfeited, unless the notice required by section 7 shall have been given within forty-eight hours from the time of seizure (if any) or of trespass (if no seizure) to some police constable or local headman or irrigation headman referred to in that section if any such shall be resident within ten miles, or if no police constable or headman be resident within that distance, then within a reasonable period after such seizure or trespass:
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Common law rights reserved.
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Provided always that nothing herein contained shall be held to take away or affect any right which the Crown or any person may have at common law for redress in respect of any damage sustained by trespass of animals.
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All rights under Ordinance forfeited unless due notice is given to headman. Ordinance not to apply to unfenced lands, where custom requires a fence.
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10A. All right to the benefit of any of the provisions of this Ordinance shall be forfeited, unless the notice required by section 7a shall have been given within forty-eight hours from the time of seizure (if any) or of trespass (if no seizure) to some police constable or local headman having jurisdiction in the district, if any such shall be resident within ten miles, or, if no police constable or headman be resident within that distance, then within a reasonable period after such seizure or trespass. And nothing herein contained shall be held to apply to any trespass on any private land, which shall not be protected by such fence as the local custom prescribes, if such custom prescribes any fence:
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Common law rights reserved.
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Provided always that nothing herein contained shall be held to take away or affect any right which the Crown or any person may have at common law for redress in respect of any damage sustained by trespass of animals.
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All cattle
over eighteen months old to be branded.
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11. Every person possessing cattle not already
branded, and being eighteen months old or upwards, shall cause the same to be branded, and shall furnish in the month of January of every year a correct description of the mark or marks with which his cattle are branded, to the divisional revenue officer of the district wherein he resides, and in default thereof shall be liable to a penalty not exceeding twenty-five cents for every head of cattle not branded, and to a penalty not exceeding two rupees for every omission to furnish such description. It shall be the duty of such divisional revenue officer of the district to cause the description of such brandmarks and the names of the persons using the same to be entered in a book to be kept for that purpose, which book shall be transmitted to the kachcheri of his administrative district on or before the first of March in each year. The moiety of any penalty recovered under this section shall go to the informer:
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Provided always that nothing in this section contained shall extend or be applicable to any divisional revenue officer’s division or part thereof which shall be within the operation of the Village Communities Ordinance.
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Penalty for removing, &c, cattle or animals from lawful custody.
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12.
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(1) Any person without lawful right removing or taking away, or attempting to remove or take away, or causing to be removed or taken away, any cattle or animals from the custody of the person entitled to keep or detain the same under the provisions of this Ordinance shall be guilty of an offence, and shall be liable on conviction to a fine which may extend to fifty rupees, and in default of payment to rigorous imprisonment for a term not exceeding three months.
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(2) Any offence under this section shall be triable either by the Magistrate’s Court or by the Rural Court of the division in which the offence was committed. A Rural Court, in any case where the offender is subject to the criminal jurisdiction of a Rural Court, shall have power to pass sentences not exceeding a fine of twenty rupees, and in default of payment, rigorous imprisonment for a term not exceeding two weeks.
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Penalty for unlawful
removal.
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12A. Any person without lawful right removing or
taking away or causing to be removed and taken away any cattle from the custody of the person entitled to keep or detain the same under the provisions of the Ordinance, shall be guilty of an offence and liable on conviction to such punishment, as a Magistrate’s Court has jurisdiction to award.
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Penalty on causing animals to trespass.
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13. Any person without lawful right driving any animals upon any land in the occupation of or cultivated by others, with intent that such animals should feed upon or otherwise injure any growing crop or produce thereof ; and any person driving any animals into or upon any irrigation works or aerodrome or saltern or line of railway or land appertaining thereto ; and any person driving the animals of others upon his own land or conniving at such animals being so driven, with intent to take proceedings for cattle trespass under the provisions of this Ordinance, shall be guilty of an offence, and liable on conviction to such punishment, as a Magistrate’s Court has jurisdiction to award.
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Penalty on causing animals to trespass.
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13A. Any person without lawful right driving any animals upon any land in the occupation of or cultivated by others, with intent that such animals should feed upon or otherwise injure any growing crop or produce thereof ; and any person driving any animals into or upon any irrigation works or aerodrome or saltern ; and any person driving the animals of others upon his own land or conniving at such animals being so driven, with intent to take proceedings for cattle trespass under the provisions of this Ordinance, shall be guilty of an offence and liable on conviction to such punishment, as a Magistrate’s Court has jurisdiction to award.
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When stray cattle may be shot.
[ 5, 12 of 1941.]
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[ [ 6, 24 of 1949.]
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[ [ 5, 12 of 1941.]
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[
[ 5, 12 of 1941.]
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14. It shall be lawful for the Government Agent or the Magistrate to grant permission in writing for the shooting of any stray cattle within his administrative district or division, if it shall be shown to his satisfaction that stray cattle are in the habit of trespassing upon or in any such private land as aforesaid, or any Crown land which is under cultivation, or any irrigation works or aerodrome, and cannot be seized or identified, so that the owner or owners thereof may be ascertained and proceeded against; and thereupon such Government Agent or Magistrate may, at Ms discretion, direct some fit person to proceed to such land or irrigation works or aerodrome ; and such person, if after every reasonable exertion he shall find it impracticable to seize or identify such animals, then and not otherwise shall shoot or otherwise destroy the same or cause the same to be shot or otherwise destroyed in his presence ; and this notwithstanding that in the endeavour to seize the animals they may have been driven off such land or irrigation works or aerodrome:
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Older for shooting not to be in force for more than one month.
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Provided that such order shall not be in force for more than one month from the date thereof ;
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Pigs trespassing may be destroyed without any order.
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Provided further that it shall at all times be lawful for any proprietor or occupier of any cultivated field or garden, or any other person by his direction, to destroy any pigs found straying therein ; and for any duly authorized person to destroy any pigs found straying in or upon any irrigation works or aerodrome or any land set apart or lawfully used for the recreation of the public ;
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Provided also that, where the Government Agent or Magistrate is satisfied that trespass by stray cattle is a serious menace to crops within his administrative district or division, and that the applicant for permission to shoot the same, being the owner of crops in the district or division, cannot reasonably afford the stamp duty required for such permission, he may dispense wholly or partially with the payment of stamp duty in respect of the permission granted, and any permission so granted and any order made thereupon shall remain in force for such period not exceeding three months from the date thereof, as the Government Agent or the Magistrate shall direct.
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When
stray cattle may be shot.
[ 6, 12 of 1941.]
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[
[ 6, 24 of 1949.]
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[ [ 6, 12 of 1941.]
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14A. It shall be lawful for the Government Agent or the Magistrate to grant permission in writing for the shooting of any stray cattle within his administrative district or division, if it shall be shown to his satisfaction that stray cattle are in the habit of trespassing upon or in any such private land as aforesaid, or any Crown land which is under cultivation, or any irrigation works or aerodrome, and cannot be seized or identified, so that the owner or owners thereof may be ascertained and proceeded against; and thereupon such Government Agent or Magistrate may, at his discretion, direct some fit person to proceed to such land or irrigation works or aerodrome; and such person, if after every reasonable exertion he shall find it impracticable to seize or identify such animals, then and not otherwise shall shoot or otherwise destroy the same or cause the same to be shot or otherwise destroyed in his presence ; and this notwithstanding that in the endeavour to seize the animals they may have been driven off such land or irrigation works or aerodrome :
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Order for
shooting not to be in force for more than one month.
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Provided that such order shall not be in force for more than one month from the date thereof ;
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Pigs trespassing may be destroyed without any order.
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Provided further that it shall at all times be lawful for any proprietor or occupier of any cultivated field or enclosed garden, or any other person by his direction, to destroy any pigs found straying therein ; and for any duly authorized person to destroy any pigs found straying in or upon any irrigation works or aerodrome or any land set apart or lawfully used for the recreation of the public.
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15. The carcase of any stray animal shot under the provisions of section 14 or section 14a shall be the property of the owner of such animal, and he shall be entitled to remove the same; but if no owner be found, nor any claim made therefor by any person entitled to it, then the carcase shall be sold by the local headman where such animal was shot, and the proceeds of such sale shall be paid to the nearest kachcheri to be carried to the credit of the general revenue.
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Elephants or wild buffaloes trespassing on irrigation works or aerodrome may be destroyed at all times, without a licence.
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16. It shall be lawful for any duly authorized person to shoot or otherwise destroy, at all times of the year and without any licence, any elephants or wild buffaloes found trespassing in or upon any irrigation works or aerodrome, anything in any enactment for the protection of elephants, and buffaloes, to the contrary notwithstanding.
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Magistrate’s Court or Rural Court may impose full amount of damages or penalty.
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17. It shall be competent for the Magistrate’s Court or Rural Court, taking cognizance of any case of trespass by animals under the provisions of this Ordinance, to award and impose the full amount of the damages, charges and penalties payable under sections 7, 7a, 8, 9, and 9a or any of them, notwithstanding that such amount might otherwise be beyond the jurisdiction of such Magistrate’s Court or Rural Court to award or impose.
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